Neutral Citation No. - 2025:AHC:49469 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11164 of 2025 Applicant :- Dev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Prakhar Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jitendra Prasad Mishra, learned counsel for the applicant and Sri Rajiv Dhar Mishra, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 354 of 2024, under Sections 85 and 108 BNS, Police Station Bissenda, District Banda, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 30.9.2024 against the applicant and his parents and according to the FIR, marriage of the applicant was solemnized with the daughter of the informant in the year 2016 and after marriage, they tortured her and on 23.9.2024, applicant informed the informant that his daughter has died. 4. It is further mentioned in the FIR that due to the applicant and his parents his daughter committed suicide. 5. Learned counsel for the applicant submitted that however, applicant is husband of the deceased but on the basis of false allegation of torture, he has been made accused in the present matter alongwith his parents. 6. He further submitted that actually informant i.e. father of the deceased detained the jewelries of the deceased and inspite of repeated demands made by her he was not returning the same and only due to this reason, a dispute arose between deceased and informant and thereafter she committed suicide by hanging herself and after her death on the basis of false allegation FIR of the present case was lodged. 7. He next submitted that informant in the FIR admitted the fact that he was having jewelries of the deceased. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 22.10.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and there is specific allegation of torture against him and therefore, he should not be released on bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is husband of the deceased and as per allegation due to the abetement of the applicant and his parents deceased committed suicide but considering the fact that in the FIR informant himself admitted the fact that earlier jewelries of the informant were kept by him, argument advanced by learned counsel for the applicant with regard to the suicide committed by the deceased, cannot be ruled out, at this stage. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 22.10.2024 i.e. for last more than five months. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purposes. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Dev Kumar, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad